Public Act 93-0449

HB3086 Enrolled                      LRB093 02203 DRJ 08161 b

    AN ACT in relation to criminal law.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The  Criminal  Code  of  1961  is amended by
changing  Section  12-10.1  and  adding  Section  12-10.2  as
follows:

    (720 ILCS 5/12-10.1)
    Sec. 12-10.1.  Piercing the body of a minor.
    (a)(1)  Any person who pierces the body or oral cavity of
    a person under 18 years of age without written consent of
    a parent or legal guardian of  that  person  commits  the
    offense  of piercing the body of a minor. Before the oral
    cavity of a person under 18 years of age may be  pierced,
    the  written  consent  form signed by the parent or legal
    guardian must contain a provision  in  substantially  the
    following form:
         "I  understand that the oral piercing of the tongue,
    lips, cheeks, or  any  other  area  of  the  oral  cavity
    carries  serious risk of infection or damage to the mouth
    and teeth, or both infection and damage to  those  areas,
    that  could  result  but  is not limited to nerve damage,
    numbness, and life threatening blood clots.".
         A person who pierces the oral  cavity  of  a  person
    under  18 years of age without obtaining a signed written
    consent form from a  parent  or  legal  guardian  of  the
    person  that includes the provision describing the health
    risks of body piercing, violates this Section.
         (2)  Sentence.  Piercing the body of a  minor  is  a
    Class C misdemeanor.
    (b)  Definition.   As  used  in this Section, to "pierce"
means to make a hole in the body or oral cavity in  order  to
insert  or  allow  the  insertion of any ring, hoop, stud, or
other object for the purpose of ornamentation  of  the  body.
"Piercing"  does  not  include tongue splitting as defined in
Section 12-10.2.
    (c)  Exceptions.  This Section may not  be  construed  in
any  way to prohibit any injection, incision, acupuncture, or
similar medical or dental procedure performed by  a  licensed
health  care  professional  or  other  person  authorized  to
perform  that  procedure.  This Section does not prohibit ear
piercing. This Section does not apply to a minor  emancipated
under  the  Juvenile Court Act of 1987 or the Emancipation of
Mature Minors Act or by marriage.
(Source: P.A. 91-412, eff. 9-5-99; 92-692, eff. 1-1-03.)

    (720 ILCS 5/12-10.2 new)
    Sec. 12-10.2.  Tongue splitting.
    (a)  In  this  Section,  "tongue  splitting"  means   the
cutting of a human tongue into 2 or more parts.
    (b)  A person may not perform tongue splitting on another
person  unless  the person performing the tongue splitting is
licensed to practice medicine in all its branches  under  the
Medical  Practice  Act of 1987 or licensed under the Illinois
Dental Practice Act.
    (c)  Sentence. Tongue splitting performed in violation of
this Section is a Class A misdemeanor for a first offense and
a Class 4 felony for a second or subsequent offense.